Grieving family members filed a lawsuit concerning a boating accident that occurred in San Diego in March, according to 10 News in San Diego. Family members of deceased 73-year-old Xinchao Shin-Chow Chen and his son, Jun Chen, 48 are seeking compensation for their wrongful deaths.
In March of this year, the two died on an organized boat outing for people with special needs. The victims’ families filed the suit against boat manufacturer, the MacGregor Yacht Corp., and the professional sailor who was assigned to the boat that day.
Attorney David Casey is alleging that the boat was filled over capacity. 10 people were on board at the time.
“If you can imagine for a second…to lose your grandfather, to lose your uncle, to see your sisters and brother almost die…” said Casey. “It’s been a horrific impact on this family.”
The manufacturer told 10 News that the boat was overloaded, but that was not their fault, and plenty of safety measures were in use on the boat.
“There were lots of warnings on the ballast tank – the instructions that came with the boat and decals on the boat instructed the owner on how to fill and maintain the ballast tanks so that the boat will be what we call ‘self-righting,’” said Roger MacGregor of MacGregor Yacht Group. “In other words, wouldn’t capsize.”
Professionals are responsible for ensuring guests’ safety on excursions like these. Whether the ship captain or the manufacturer is to blame will be up to a jury to decide. What do you think? Should the manufacturer be held responsible? The captain? Both? Neither?
Dudek Law Firm APC—San Diego wrongful death attorney.